Terms of Use

1) Accounts & Eligibility

• You must be at least 21 years of age, or the legal drinking age in your jurisdiction, whichever is greater, to use the Services.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• We may refuse registration, close accounts, or reclaim usernames at our discretion.

2) User-Generated Content & License

You may submit content including reviews, ratings, photos, comments, messages, and other materials ("User Content"). By submitting User Content, you:

• Grant AWG and Sitient a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license (with right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in any media, for any purpose related to the Services.
• Waive any moral rights or rights of attribution in the User Content where permitted.
• Represent and warrant that your User Content is accurate and that you have all rights necessary to submit it and to grant the license above.
• Acknowledge that we may remove, edit, or refuse to publish any User Content at our sole discretion, and we have no obligation to store or provide copies of User Content.

3) Acceptable Use

You agree not to:

• Post unlawful, infringing, defamatory, obscene, or deceptive material;
• Submit content that includes spam, promotions, or malicious code;
• Impersonate others or misrepresent your affiliation;
• Interfere with or disrupt the Services or access others' accounts without authorization;
• Violate any applicable law or third-party rights.

4) Intellectual Property

The Services, including text, graphics, logos, designs, compilations, and software, as well as User Content (as licensed above), are owned by AWG and Sitient or our licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the Services or content.

5) DMCA Policy

If you believe material on the Services infringes your copyright, please send a notice to our designated DMCA Agent with the following information:

1. Your name, mailing address, telephone number, and email address;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing (URL or specific location on the Services);
4. A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner; and
6. Your physical or electronic signature.

Upon receipt of a compliant notice, we will take appropriate action, which may include removing or disabling access to the material.

6) Service Changes & Availability

We may change, suspend, or discontinue any part of the Services at any time without notice. We are not liable for any unavailability or loss of content.

7) Disclaimers

The Services and all content are provided “as is” and “as available” without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow limitations on implied warranties, so some exclusions may not apply to you.

8) Limitation of Liability

To the fullest extent permitted by law, AWG, Sitient, and their affiliates, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. Some jurisdictions do not allow certain liability limitations, so some of the above may not apply to you.

9) Indemnification

You agree to indemnify, defend, and hold harmless AWG, Sitient, and their affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Services; or (c) your violation of these Terms or applicable law.

10) Governing Law, Arbitration & Waiver of Class Actions

A) Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

B) Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified in these Terms. Arbitration will be conducted by a single neutral arbitrator and held in Denver, Colorado, unless you and AWG agree to another location or to remote proceedings. The arbitrator’s award will be final and binding and may be entered in any court of competent jurisdiction.

C) Exceptions to Arbitration

The following Disputes are not subject to arbitration:

• Individual claims brought in small claims court of competent jurisdiction;
• Claims relating to intellectual property rights (e.g., copyrights, trademarks, patents, and trade secrets);
• Claims seeking injunctive relief to prevent unauthorized access to or misuse of the Services.

D) Class Action & Jury Trial Waiver

You and AWG agree that Disputes will be brought on an individual basis only and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate claims of multiple parties. If any claim proceeds in court rather than arbitration (for a permitted exception), you and AWG waive any right to a jury trial.

E) Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, Disputes will be resolved in the state or federal courts located in Colorado, and you consent to their jurisdiction and venue.

11) Miscellaneous

• Changes: We may update these Terms from time to time. Continued use after changes are posted constitutes acceptance.
• Severability: If any provision is held invalid, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any right is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services.

12) Contact

Questions about these Terms or the DMCA process?

Email: